op-constitution-2011

CCONSTITUTION of The Other Publications Society Last amended November 2011

Name

The name of the Society is the Other Publications Society.

Purpose

The purposes of the Society are: a) the publication of newspapers, magazines, papers, books and documents for educational and artistic purposes, for and by the Students of Douglas College, including, but not limited to, the newspaper the Other Press; b) the promotion of journalism and academic excellence among the students of Douglas College: except that the Society shall not have the power to grant or confer a diploma or degree or course; c) the awarding of prizes, scholarships, bursaries or other suitable recognition of contribution made both by members and non- members supporting the purposes of the Society.

Practice

1. The Other Press shall be a democratically-run, autonomous, non-profit student newspaper.

2. The Other Press exists primarily for the benefit of the Students of Douglas College.

Funding

Funding for the operations and productions of the Other Press shall be provided by: 1. The Students of Douglas College, via a levy collected by the College administration; 2. Commercial advertising and other initiatives 3. Any increase to the Other Press student levy must occur through a referendum of the general student body, though a process jointly administered by the Society and the College administration.

By-Laws

Here, set forth in numbered clauses, the by-laws providing for matters referred to in section 6(1) of the Society Act and in any other by-laws.

Part one- Interpretation

1. In these by-laws, unless the context otherwise requires, a) "Society" means the Other Publications Society b) "Board" means the member(s) of the Other Publication Society's Board of Directors c) "Chair" means the Chairperson of the Board d) "Collective" means the voting Collective of employees and contributors, as established in Part Five

e) "editorial" means any submission to member publications for the purpose of publication, excepting letters to the editor, press releases, and unsolicited contributions f) "campus" means any campus of Douglas College g) "employee" means any person paid by the Other Press in the form of salary or regular stipend. The use of this term for the purpose of this constitution does not preclude the use of any other legal terms used by the Other Press financial department to categorize and differentiate the status of its paid members. h) "member" means any member of the Collective or Board

Part two- Records

1. The keeping and distribution of Collective and Board meeting minutes shall be the responsibility of an individual designated by the Board. Minutes must be made available to, and accessible by, all members.

2. All students of Douglas College who pay fees to the Other Publications Society have a right to: a) Inspect the minutes of the Other Press b) Inspect the accounts of the Other Press c) Attend Collective meetings of the Other Press 3. The accounts of the Other Publications Society will be audited every year.

Part three- The Other Press newspaper

1. The Society will publish at least 20 issues of the Other Press a year. A year begins with the first day of school in September. Each issue will be a minimum of 8 pages.

2. The paper will retain complete editorial autonomy.

Part four-Amendments to the Society's constitution

1. Motions to amend or modify the Society’s By-Laws and Constitution may be made at a General Meeting of the Society, requiring a majority vote of seventy-five (75) percent; quorum shall be fifty (50) percent plus one of all members, or five members, whichever is the greater number.

2. Amendments to the proposed motion to amend of modify the Society’s By-Laws and Constitution may be initiated by any member present during a resolution to amend the constitution at an Annual General Meeting.

3. Amendments to the Society’s By-Laws and Constitution may be proposed at any time by any Collective member but must be approved by the Board. The Board will then call a General Meeting at which the entire Collective will vote on the proposal.

Part five- The Other Press Collective

In order to ensure the Other Press newspaper and the Other Publications Society are managed with the consent of its editors, writers, and contributors, a group of individuals known as the Collective shall have input on the paper’s content, operation, planning, production, promotion, office, and distribution.

1. Membership of the Other Press Collective shall be composed of: a) All editors and paid employees of the newspaper b) Any individual who has been published in two out of the last three issues of the newspaper in the form of written or artistic or electronic content and has attended a collective meeting.. In such cases membership of the Collective shall be voluntary and will be reliant on the participation of the individual. An employee of the newspaper must keep a record of all non-permanent Collective members as they join and leave. c) Any other individuals whose activities are deemed to significantly contribute to production, content, distribution, maintenance, or promotion of the paper 2. Membership of the Other Press Collective shall be denied to: a) Individuals who have been elected or appointed to office in the Douglas Students’ Union or any other student government organization;

i) This excludes students who are members of the College Board or Education Council of Douglas College, subject to Board and Collective discretion. b) Individuals who have been explicitly removed from the Collective due to circumstances such as their termination as a paid employee, or any other disciplinary action, approved by both the Collective and Board. c) Individuals whose actions or conduct have otherwise violated or are in conflict with existing Other Press by-laws or policies.

3. Membership in the Collective shall end automatically when: a) A Collective member is elected or appointed to any office within the Douglas Students’ Union any other student government organization. b) Four consecutive issues of the Other Press are published without the contribution of the particular Collective member. i) this rule may be suspended when notice of a prolonged—but temporary—excusable absence is given. ii) this rule shall not apply to those Collective members whose contribution to the Other Press does not take the form of contribution to the newspaper itself. c) A Collective member announces his or her resignation or departure from the Other Press newspaper.

4. Any member of the Collective may be expelled by a special resolution of a Collective meeting following a recommendation by the Board of Directors. This special resolution will require a two-thirds majority of the collective members present. The following regulations must be followed: a) The notice of the expulsion must be accompanied by a brief statement of the reasons for the proposed expulsion. b) The Person who is the subject of the proposed resolution for expulsion will be given an opportunity to be heard at both the Board and Collective meetings before the issue is put to a vote.

5. The Other Press Collective has the broad authority to regulate all issues relating to the Other Press Newspaper's development, distribution, publication, office, promotions, employment, and sponsored on and off campus events.

6. The Other Press Collective may create legislation to achieve the prerogatives outlined

in section six, excluding matters which must originate from the Board of Directors as outlined in Part 7.5 of this constitution, and matters which are the sole prerogative of individual employees as indicated in their formal employee job descriptions.

7. Legislation can be proposed by any Collective member during a meeting, but must be seconded by another member before it can be voted by the Collective.

8. Each member of the Collective shall have one (1) vote, and resolutions will be deemed to have passed if the majority of sitting voting members are in favor. The vote of the Chair must break any tie.

9. Each Collective member shall have his or her status as an individual decision-maker respected, and shall never be made to vote against his or her will, or have his or her vote granted without consent. If any Collective member requests a vote be conducted by a secret ballot this request must be honored.

10. Absent Collective members shall be permitted to proxy their votes to another member, but proxied votes will not count towards quorum.

11. Quorum for the Other Press Collective shall require 50% of the number of current paid employees at the Other Press newspaper. If the total number of paid employees is an odd number, then the total shall be rounded upwards to the next even number and divided by half to determine quorum.

12. Legislation passed by the Collective which permanently alters or affects the newspaper's policies regarding employee conduct, office rules, grievance mediation, editorial content, or other issues of widespread and continuing relevance must be posted in the main publication office as part of a permanent "Policy Manual" archive.

13. Collective members shall have the power to vote at the Annual General Meeting, with all of the above rules (excluding section 12) applying.

14. The OP Collective shall meet on average of at least once a week for every week that the newspaper is published. If the Chair deems it necessary additional Collective meetings may also be called.

15. The Chair of the Other Press Collective shall be the Editor-in-Chief of the Other Press Newspaper.

16. Within thirty days (30) of the start of the semester and upon written request, proof of payment, and swearing that they haven't touched a copy of the Other Press during the

claimed semester, a Douglas College student may have their Other Press fee refunded.

Part six- General Meeting

1. The Society shall hold a General Meeting once a year known as the Annual General Meeting. The meeting shall be held to fulfill all of the Society’s legal duties as described in the Society Act of British Columbia, and offer all contributors to the Other Press an opportunity to participate in the planning and direction the newspaper’s organization, content, and priorities for the coming year. Participants in the Annual General Meeting shall make decisions by majority vote and the meeting shall serve as the highest decision-making forum of the Society.

2. Quorum for a General Meeting shall be the same as quorum for any meeting of the Collective.

3. The Society's Annual General Meeting is called by the Board within ninety (90) days of the end of the fiscal year. An Annual General Meeting will be held no more than twelve (12) months from the last Annual General Meeting.

4. A Special General Meeting is called by the Board following a Collective vote approved by at least twenty (20) percent of the members, or five (5) members, whichever is the greater number.

Part seven- Board of Directors

The board will be comprised of a total of eight (8) collective members: a. The editor in chief (who shall serve as chair until the end of his or her term) b. Business manager of the Other Press Publications Society c. One section editor (minimum) d. Five other members of the collective 2. On its first meeting the Board shall elect one of its members to serve as vice-Chair and one member to serve as secretary. In the absence of the Chair the vice-Chair will serve as Chair. The secretary shall be responsible for recording the minutes of all

meetings.

3. The Board shall be the only recognized medium of communication in administrative matters between the Society, its member publications, and: a) the authorities of Douglas College b) the Douglas Students’ Union; c) the public and shall generate revenue for its publications and borrow funds for its publications as it sees fit, except for the issues of debentures, which shall be sanctioned by a special resolution of the Society.

4. The Board shall a) guarantee freedom of the press b) receive all applications for all salaried and paid positions; c) appoint salaried and other paid positions; d) act as a board of appeal on all staff appointments and dismissals; e) define the job duties and terms of reference for all salaried and paid positions of the Society; f) ensure that all paid employees receive a written job description, a copy of the constitution, and sign a document saying that they have read and agree to them. g) ensure that where the operations are carried out in a premises put at the disposal by a third party, all damages, whether willful or accidental, shall be repaired immediately; h) in a caretaking role ensue, with all employees, a proper budget is prepared every fiscal year, and an audit is submitted and cleared; i) ensure that the Society follows the Society Act; j) make decisions towards Society business priorities and planning; k) renew itself to fill Board vacancies as they come up, and to replace itself once per year at the Collective meeting at the end of the College’s Winter (Jan-Apr) semester.

5. Any decision of the Board may be overruled by a majority vote at a regular Collective meeting of the Society.

6. Any policy or procedural decision made in a General Meeting is binding on the Board.

7. All meetings shall be conducted according to a clearly set standard of proper protocol.

8. The vote of the Chair must break any tie.

9. No Board member shall be remunerated for being or acting as part of the Board.

Part eight- Elections & appointments of members of the Board Board of directors 1. Candidacy for office of the board is open to members of the society.

2. Elections for all members of the board shall occur once a year at the collective meeting at the end of Douglas College’s Winter (Jan - Apr) semester. Alternatively, if at least a 2/ 3 majority of the current board vote in favour, an emergency election can be called if it is determined to be in the best interest of the society.

3. Any member of the collective or board shall be eligible to vote for a member of the board at any time there is an election for an open position.

1. Candidates for seats on the board will be elected through a two stage process: 2. Voting from the collective (to function as feedback/support for the final decision) 3. The final decision for appointment to the board will be made by the current chair

(editor in chief) and vice-chair (business manager) of the board 4. Elected members of the board shall hold office for one (1) year or until an election is held either at the annual general meeting or as the result of an emergency (see Part 8 – 2, 5) 5. Upon the death, resignation, or removal of a board member, the following procedures will occur: 1. A new board member shall be elected at a regular collective meeting to assume

the vacant office for the remainder of the term.

1. In the event of an insufficient number of board members to reach quorum, the chair will cause the necessary by-election to be held.

Editor in chief (For standard hiring guidelines, see Part 11- Hiring of society employees) 1. Determined in a special meeting of the board (where the chair is prohibited to attend) led by the vice-chair, the position of editor in chief (and by relation, chair of the board) shall be made open to receiving applications on an annual basis in accordance to the processes below: 1. The board performance review of the current editor in chief shall take place

2.

3.

4.

5.

6.

7.

within the month of June with a decision having been made by the result of a 2/3 majority vote no later than June 30.

The vote of the vice-chair of the board must break the tie (should one occur).

A person shall have the right to attend a special meeting scheduled by the board of directors to appeal the decision.

The current editor in chief is permitted to re-apply for the position should the board decide to open it to applicants.

The term of editor in chief runs from September – August or one (1) year.

In the case of a new editor in chief having been appointed, the month of August is reserved to function as a job shadowing opportunity for the incoming editor in chief as supervised by the outgoing member and the board of directors.

The outgoing editor in chief is responsible for providing all necessary information and instruction (as outlined in the job description).

Part nine- Removal of Directors

1. An elected member of the Board may be impeached by a resolution at any regular Collective meeting, providing that quorum is met and that such a resolution is carried by a two-thirds majority vote. The person who is the subject of the proposed resolution for expulsion will be given an opportunity to be heard at the Collective meeting before the issue is put to a vote

Part ten- Meetings of the Board

1. Meetings of the Board shall be of two kinds: a) regular meetings b) special meetings 2. Special meetings of the board may be called at any time by the chair of the board, 2/3 of the board, or three (3) members 1. Special meetings include, but are not limited to, board meetings that specifically

address the production, design, and/or layout of the paper. Items that are directly related to altering production of the paper must be reserved for a special meeting with one (or more) members of the production team present (graphics coordinator, layout manager).

3. Regular Board meetings shall be scheduled at the regular Board meeting immediately proceeding.

4. Quorum for any meeting of the Board shall be four members of the Board and the decisions of the Board shall be governed by a majority of those present, except where by-laws require a larger majority.

5. Members of the board shall attend every regularly scheduled meeting of the board with the allowance of one (1) absence per semester. One (1) missed regular monthly board meeting will be considered as the final warning against the member in question. Should the member miss another regular monthly meeting without due cause (as determined by the remaining board of directors) the board member automatically ceases to be a member of the board and their position shall be filled pursuant to by-law 7.

Part 11- Hiring of Society employees

1. All employees of the Society a) shall be selected by the Board from applications received b) in the case of vacancy the Board may hire an interim employee who shall fill the vacant position until such time as the Board selects a regular employee c) In emergency situations in which the Board cannot meet to appoint an interim employee, yet the duties of such an employee are deemed necessary for the continuation of the paper's operations, the Editor-in-Chief, as Chair of the Board shall be allowed to appoint interim employees to act until the Board can formally convene to review the situation.

2. a) Should the newspaper’s Editor-in-Chief unexpectedly depart the paper, either through sudden resignation, termination, or some form of prolonged or permanence absence, the duties of Editor-in-Chief shall fall to the paper’s assistant editor, who shall serve as acting Editor-in-Chief until the Board can formally convene to review the situation. Should the office of assistant editor be likewise vacant, the duties of Editor-in-Chief shall fall to the paper’s most senior section editor.

b) All Collective Chairing duties normally tasked to the Editor-in-Chief shall fall to the assistant editor during periods of his or her absence.

3. Notice of vacancy of a paid position shall be published in the Other Press at least two weeks prior to consideration of applications by the Board.

4. In situations in which a prospective applicant for a paid position at the Other Press newspaper is not a student of Douglas College, but a competing applicant is, the student of Douglas College shall be given priority in the hiring process, unless the Board deems his or her skills and qualifications to be significantly and comparatively inferior to that of the non-student.

Part 12- dismissal of employees

Part 12 - Dismissal and Suspension of employees 1.

All new employees in a paid position will have a 3 months probationary period during which employment can be immediately terminated without cause by a twothirds majority vote of sitting board members

2.

Dismissal of a Staff Member with cause will follow the procedures and principles outline in the Progressive Discipline Policy of section 13 of the Constitution.

3.

While in the midst of dealing with a disciplinary matter, The Editor in Chief may, at their discretion, suspend with pay the employee in the question. The employee will not be expected to perform any of their job duties from the period of their suspension. An interim person may be appointed to the position as outlined in section 11 of the Constitution.

4.

If a staff member has not performed any of their job functions as outlined in their job description during a pay period, the editor in chief may, at their discretion, order the business manager to withhold their pay.

5.

Plagiarism, theft, and physical violence directed at another member of The Other Press Collective are grounds for immediate dismissal. a.

Plagiarism (to plagiarize) as defined by the Canadian Oxford

Dictionary (2nd edition): 6.

Take and use (the thoughts, writings, inventions, etc. of another person) as one’s own.

7.

A dismissal of a paid employee will always require a two-thirds majority vote of sitting board members.

8.

Except in the case of immediate dismissal as outlined in line 5, a person shall have the right to attend a special meeting scheduled by the Board of Directors to appeal the decision.

9.

The Board may recommend to remove a dismissed employee from the collective, as outlined in Part 5 of the Constitution.

Part 13- Progressive Discipline 1.

The Progressive Discipline Policy shall form a basis upon which the Board of Directors may act in order to provide corrective measures to the job performance of an employee. It is expected that before using this policy that any employees who have a supervisory role over the paid employee, will have made significant efforts to remedy the problem through ongoing, informal, collegial supervisory actions. Measures taken under this policy will move up to, and may include, dismissal of said employee.

2.

All disciplinary actions must be approved by a majority of the sitting members of the Board of Directors

3.

An employee who breaches their duties as an employee by acting in contravention of federal or provincial law may face immediate dismissal.

4.

5.

The Progressive Discipline Policy will consist of the following steps: a.

A verbal warning (which must be identified as such)

b.

First written warning

c.

Second written warning

d.

Written notice of dismissal

The Board of Directors may apply the steps outlined in this policy with a particular employee for any of the following reasons:

a.

The employee is not performing their duties in accordance with their job description

b.

The employee has engaged in actions which impede the job performance of others

6.

c.

Insubordination

d.

Behaivours that create a hostile work environment at The Other Press

Between any of the stages outlined, the Board may request and/or require the employee to engage in any appropriate training, in an attempt to remedy the issue.

After acting on any step outlined in the policy, the Board shall determine if the problem has been remedied or if the subsequent step should be taken.

7.

All written warnings shall be signed by the Editor in Chief, or if the Editor in Chief is unavailable, a Board member acting on the Editor in Chief’s behalf.

8.

All written notices shall outline the reason for the warning, indicate the employee behaviour being addressed, and outline both the steps the employee must take to remedy the problem and the timelines for compliance.

9.

After the timeline for compliance ends, the Board will prepare a brief report for the employee and their file, indicating if rectification of the matter has been achieved.

10.

Subsequent problems, be they substantively different or not, may result in the supervisor proceeding through additional steps in this policy at their discretion.

11.

Written warnings shall be placed in the employment file of the employee being disciplined.

12.

Any paid employee of the Society may be dismissed after a written or legal complaint has been filed with the Board and the Board has reviewed the complaint, found it legally sound and ethically justified, and that the situation is so severe that it warrants bypassing progressive discipline. During the review of the complaint, a separate meeting will be held at a time chosen by the Board to hear the employee’s perspective.

13.

The Board must meet, either at a regularly scheduled meeting, or at an emergency Board meeting, in order to ratify a decision to dismiss an employee, prior to the notice of dismissal being sent or delivered.

14.

At times further discipline may be warranted on issues whose circumstances differ from those which were originally subject to discipline. In such cases, the Board shall determine if the situations are substantially similar or not, in order to decide whether to continue with the previously started disciplinary process, or to begin a separate process.

15.

Avoiding conflicts on interest: A board member must be excused from the meeting out if the disciplinary action involves their job duties, or if they are personally involved in the matter with the employee whose behaivours are under review. A disagreement or argument between a board member and the person under review shall be grounds for conflict of interest if it gives the appearance that it inhibits the board member’s ability to evaluate the person’s job performance and behaivour in an unbiased manner. However, as board members are expected to evaluate an employee’s job performance, a disagreement about an employee’s performance and/or behaivour between the employee and a board member does not necessarily create a conflict of interest in of itself.

Part 14- Signing officers

1. The signing officers of the Society shall be: a) the Chairperson of the Board b) another member of the Board c) an employee of the Other Press as elected by the Board.

Part 15- Membership in the Society by existing publications

1. Membership in the Society shall be open to all existing publications which comply with the following:

a) the publication applying for membership shall submit to the Board a copy of its constitution or terms of reference describing its organizational structure and its aims and purposes; b) a statement of the publication's affairs as of the seventh day previous to its application for membership; c) the publication must adhere to the principles of the Society.

Part 16- "Unalterable" clauses

1. No part of this constitution shall be unalterable. Articles previously labeled as unalterable shall be alterable by a two-thirds majority vote at any General Meeting.

Part 17- Dissolution Clause

Upon dissolution of the Society, its property and assets, after payment of all liabilities, will be entrusted to the Douglas College Board of Directors who shall place all assets into a protected account to be given to any future autonomous, on-campus, student publication that may arise, to be decided at the discretion of the College Board.

Appendix A: Grievance Policy The Grievance policy is intended to provide a fair and equitable means of addressing conflicts, problems or disputes that may occur between employees or collective members of the Other Publications Society.

1.

All grievances should, when possible, be settled between the parties concerned. Either party may request the presence of the Editor in Chief or Assistant Editor to act as a mediator.

2.

If the previous mediation process is unsuccessful, or deemed inappropriate in the judgment of the Board the following procedure shall be taken: (a)

The employee or member must submit a written statement to the Editor in Chief to request a hearing with the Board. This written request shall specify the particulars of the grievance (date, time, place, witnesses). No grievance shall be considered after one year from the date of the original incident(s).

(b)

Within three (3) days of the grievance being submitted in writing, the Board shall notify the individual being grieved against, inform them of the particulars of the grievance, and book a date for each party to attend a joint hearing with the Board.

(c)

Attendance at the hearing shall be restricted to the two employees party to the grievance, an advocate per party should the employees desire such support, and the members of the Board hearing the grievance. Witnesses may be called in to provide testimony, but they are not to remain in attendance at the hearing.

(d)

At the hearing, each party shall have the opportunity to address the Board members regarding the grievance, and to field questions from the Board.

(e)

After the hearing, the Board shall render their decision on the matter in writing, with copies provided to each party. The Board is free to contact whomever they choose for information, and may seek legal counsel. In all cases, proceedings of the Board in this matter are to be held in confidence.

(f)

The Board can recommend any of the disciplinary actions outlined in the progressive discipline policy, and/or recommend that a party be removed from the Other Press Collective as outlined in Part 5 of the Constitution.